JUNE 2023

VOlUME 06 ISSUE 06 JUNE 2023
Indonesia's Role in Preventing Transnational Cyber Pornography of Children in the Southeast Asian Region Viewed From a Political Law Approach
1Dian Pertiwi Suprapto,2Muhammad Faslukil,3Yohanes Triyana
1,2Master of Law, Atma Jaya University Yogyakarta, Indonesia
3Lecturer of Law, Atma Jaya University Yogyakarta, Indonesia
DOI : https://doi.org/10.47191/ijsshr/v6-i6-83

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ABSTRACT

Indonesia, which is a member of the Southeast Asian region called the Association of Southeast Asian Nations (ASEAN), must have a duty and role to prevent Cyber Pornography of children in the Southeast Asian region. In this research, a normative juridical research method is used with a political law study approach. Indonesia's role in preventing Transnational Cyber Pornography of Children in the Southeast Asian Region Viewed from the Political Approach of Law is by ratifying the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography into Law Number 10 of 2012, then Indonesia also became a country that followed The Declaration on the Elimination of Violence against Women and against Children, which was approved in 2013 which aims to encourage regional cooperation in supporting national level actions in ending violence against children, especially the crime of Cyber Pornography in ASEAN. Indonesia also followed the follow-up of The Declaration on the Elimination of Violence against Women and against Children in 2013, namely the ASEAN National Action Plan on the Elimination of Violence against Children 2016-2025, held a 2012 Conference through ECPAT Indonesia's Agency on child protection attended by ASEAN countries. Indonesia was also represented by the Indonesian Child Protection Commission and ECPAT attended the German Southeast Asian Center of Excellence for Public Policy and Good Governance (CPG) Conference located at the Faculty of Law, Thammasat University in Thailand, the purpose of this conference was to address the problem of child pornography and the conclusion of this conference required cross-country and cross-regional cooperation in combating child pornography. Suggestions that can be given are revamping the rules (making special international treaties) and the need for cross- border child pornography crimes to be designated as serious and extraditable crimes.

KEYWORDS:

Indonesia's Role, Transnational Prevention, Child Cyber Pornography, Southeast Asia Region, Political Law Approach.

REFERENCES

1) Soerjono Soekanto and Sri Mahmudji, 2003, Normative Legal Research, A Brief Overview, Jakarta: Raja Grafindo Persada.

2) Rosmalinda, 2021, The Role of Child Protection Organisers in Protecting and Fulfilling Rights, Pasuruan: Qiara Media.

3) Isharyanto, 2016, Politics of Law, Surakarta: Kekata Group.

4) Arief Gosita in Harrys Pratama Teguh, 2020, Criminal Law for Child Protection in Indonesia, Bandung: CV Pustaka Setia.

5) Ismantoro Dwi Yuwono, 2015, Application of Law in Cases of Sexual Violence Against Children, Yogyakarta: Medpress Digital, 2015.

6) Salter, Michael and Thomas Crofts, "Responding to Revenge Porn: Challenges to Online Legal Impunity", New Views on Pornography: Sexuality, Politics, and the Law, 2015, pp. 233- 256.

7) Ahmad Sofian and Deden Ramadadani, "Implementation of the Optional Protocol on Trafficking, Prostitution, and Child Pornography in Indonesia", PKS Journal, Vol. 19 No. 1, 2020, p. 26. 26.

8) Atem, 2016, "The Threat of Cyber Pornography to Children", Journal of Community Morals, Vol.1/No.2/December 2016, pp 107-121.

9) Tom Obokata, 2017, "The Value of International Law in Combating Transnational Organised Crime in the Asia-Pacific", Asian Journal of International Law, Vol.7/2017, p 40.

10) Herlita Eryke, "Cyberporn", KUTEI Scientific Journal, Issue 19 September 2010, p. 36.

11) T. Riza Zarzani, "Conception of Child Protection from Commercial Sexual Exploitation of Children in International Law and its Application in National Law", Journal of De Lega Lata, Vol. 2 No. 2, 2017, p. 406. 406.

12) Muhammad Naseh, et al, "Characteristics of Transnational Organised Crime Perpetrators in Indonesia and Europe", Journal of International Relations, Vol. 8 No. 1, 2019, pp. 53.

13) Pratomo, E, 2009, "Prospects and Challenges of International Law in ASEAN and Indonesia after the ASEAN Charter in terms of International Treaties", Ius Quia Iustum Law Journal, Vol.16/No.1/2009, pp 60-72.

14) Fajaruddin, "Legal Protection of Child Victims of Pornography", Journal of Varia Justicia, Vol. 10 No. 2, 2014, pp. 34.

15) Afrooz Kaviani Johnson, (2017) Ending Violence Against Children in ASEAN Member; States-Baseline Study of Priority Areas Under The ASEAN Regional Plan Of Action on The Elimination of Violence Against Children A Snapshot As of 2016, ASEAN, see also in Deanna Davy, (2017) Regional Overview: Sexual Exploitation of Children in Southeast Asia, ECPAT International, p 5.

16) Farida, E. (2009). "The Effectiveness of the Asean Charter for Asean as an International Organisation", Qistie Journal of Legal Studies, 3(3).

17) Sushanty, Vera Rimbawani. "Cyberspace Pornography According to the Criminal Code, Pornography Law and Electronic Information Law", Journal of Legal Ideas Vol.1/No.1 2019, pp. 113.

18) Constitution of the Republic of Indonesia Year 1945.

19) Law Number 44 Year 2008 on Pornography.

20) Law Number 11 Year 2008 on Electronic Information and Transactions.

21) Law No. 10/2012 on the Ratification of the Additional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography

22) Law Number 35 Year 2014 on the Amendment to Law Number 23 Year 2002 on Child Protection.

23) https://ecpatindonesia.org/berita/konferensi-regional-asia-tenggara-dalam-memerangi-pornografi-
anak-bangkok/

24) http://bankdata.kpai.go.id/files/2016/06/LAMPIRAN-UUDNOMOR-10-TAHUN-2012-TENTANG-PROTOKOL-
OPSIONALKONVENSI-HAK-HAK-ANAK-MENGENAI-PENJUALAN-ANAKPROSTITUSI-ANAK.pdf

25) https://setnasasean.id/tentang-asean

26) https://www.viva.co.id/berita/dunia/1002755-seram-konsumsi-pornografi-anak-paling-tinggi-di-malaysia

VOlUME 06 ISSUE 06 JUNE 2023

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